winterfritz wrote:The figure on this printout was circled, and the general manager then scrawled 'we agree to this severance pay' and signed and dated the paper with a ballpoint pen. I was then pressured into signing the same piece of paper. We did the same thing with another identical copy of the printout, which was given to me.
My question is: which is more important in determining what the company should pay me - the printout that I and the general manager agreed to and signed, or my original work contract plus the Labor Standards Act? It's true I signed the printout with the lower sum. But if they lied and intimidated me into signing it, does it count? (It was a pretty nasty meeting.) And would a printout of a smaller figure, with 'we agree to this sum' and two signatures written on it, override my original work contracts, which clearly state that I can only be dismissed in accordance with the Labor Standards Act? I've seen mention on these forums of some people using the Labor Standards Act to get severance pay even after they had signed contracts saying they weren't entitled to it, or were entitled to less. Is this possible? Or am I just screwed?
yyy wrote:Btw, some people working directly or indirectly for the government still don't know (or pretend not to know -- and I'm not joking, unfortunately) that unmarried foreigners are not subject to the Labor Pension Act. Before your mediation session (which the labor department will schedule at your request), download the Labor Standards Act and the Labor Pension Act in English and Chinese and be ready to show the relevant articles to the mediator (Art. 7 of the LPA iirc). If the mediator happens to be among those who just don't get it, remember you don't need to accept the mediator's proposed settlement; if you don't settle, you can still go to court, if you have time.
yyy wrote:One more thing, did they give you a 服務證明書 "proof of service record" saying when you started and finished working for them? If not, ask for it before they find out you're taking further action.
winterfritz wrote:I have prepared copies of the relevant parts of the LSA and LPA in English and Chinese as you have advised. (Yup, it is article 7 of the LPA). Hopefully I'll get lucky with the mediator - although I understand that I can ask to meet with the mediator before the meeting; is this correct?
In any case, my contract clearly states, in English and Chinese, that I am to be dismissed 'in accordance with the Labor Standards Act' rather than the LPA.
winterfritz wrote:They gave me a 離職證明書 which I'm guessing is the same thing. The only trouble is that the dates are wrong. The 'start date' listed is the start of the contract being terminated ie last year, rather than the date I started working at the school two years ago. I'm guessing they did this so as to back up their bogus calculation of the severance pay. The end date is also wrong, about two weeks prior to the actual date on the termination agreement.
How necessary is a correctly dated 服務證明書? I already have originals of my two consecutive work contracts, which clearly give the date at which I started at the company, as well as the termination agreement that I signed and they stamped at the meeting last week, which gives my end date.
On the other hand, can I use the incorrectly dated 服務證明書 to argue that they have already violated the LSA? I notice that Article 19 states they cannot refuse a request for a 服務證明書. Furthermore, the incorrect 服務證明書 has a declaration that 'the above information is true to our knowledge,' and has been stamped by the organization. Are there penalties for lying on a document like this?
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